Personal Injury Law in Bismarck, ND
Exploring your legal rights is crucial after you suffer an injury. Knowing what you can do after a car accident or slip and fall is the first step to seeking justice.
Imagine having the support of a skilled attorney who knows the ins and outs of personal injury laws. They can guide you through the legal maze, handle the paperwork, and fight for compensation.
Don’t let uncertainty or the stress of legal processes add to your burden. Discover how a Bismarck-based personal injury attorney can be your ally.
What Is Personal Injury Law?
Personal injury law in Bismarck relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Bismarck, ND
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Bismarck
One of the most common causes is motor vehicle accidents, which can range from minor fender-benders to severe collisions. Regardless, these incidents often result in significant physical and emotional trauma. The harsh weather in Bismarck, especially during winter, contributes to the accident rate.
Steps in a Personal Injury Lawsuit in Bismarck, ND
Once you determine that you wish to proceed forward with a personal injury action in North Dakota
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either a settlement or a court appearance.
Comparative negligence is central to how North Dakota law impacts the outcome of a personal injury case. An injured party found to be partly responsible for the incident that caused their injuries may receive less compensation. For instance, if a plaintiff in Bismarck is 20% at fault, the damages they receive will drop by 20%. Furthermore, North Dakota follows a modified comparative negligence model. As a result, being more than 50% responsible means being barred from obtaining anything.
North Dakota Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.
In terms of the financial impact, the average cost of an indemnity claim in North Dakota in 2019 was nearly $78,946. This amount covered payments and medical expenses. Medical-only claims averaged approximately $1,514 in cities like Bismarck.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in ND, that means you risk not receiving any compensation at all.
Damage Awards in North Dakota
If your North Dakota personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.
Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.
Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.
North Dakota imposes a cap on non-economic damages in medical malpractice cases. The current limit is a maximum of $500,000.
Statute of Limitations in Bismarck, ND Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
In North Dakota, the statute of limitations for filing a personal injury lawsuit is six years from the date of the accident or injury.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Bismarck, ND Lawyer
Pursue a personal injury claim in Bismarck against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across North Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!